If you have recently been charged with a crime, your future may be in limbo. Criminal charges can result in serious consequences. A felony conviction may result in state prison time or a long-term probation sentence, and a misdemeanor may result in a local jail sentence of up to a year or a shorter term of probation. No matter what type of criminal charges you are facing, make sure your rights are protected by retaining quality representation.
Contact the attorneys of Towey Law PLLC today for quality representation for any criminal defense matter. With a top-rated Buffalo criminal defense attorney at our firm advocating for your liberties, you can rest easier. We will carefully review the state’s case against you to determine which defenses make the most sense and whether a plea agreement may be in your best interests.
Why Choose A Buffalo Criminal Defense Lawyer From Towey Law?
At Towey Law, PLLC, our attorneys provide the highest quality legal representation in criminal matters. The lawyer you choose to defend you can make a significant impact on the outcome of your case.
- We make sure our clients have open, direct communication with their attorneys.
- Our attorneys begin tailoring a defense strategy the moment you retain our services.
- We understand the laws and work tirelessly to protect our clients’ freedom.
Types Of Charges Our Criminal Defense Lawyers Handle
Our Buffalo criminal defense attorneys have a long record of success in a wide range of criminal cases. We firmly believe our clients deserve a sound and professional defense. We have experience handling cases involving:
- Drug crimes
- Alcohol-related offenses, including DWI cases
- Assault
- Murder
- Domestic Violence
- Sex Crimes
- White Collar Crimes
- Traffic offenses
- Misdemeanor crimes
- Juvenile arrest
- Disorderly conduct
- Public intoxication
- Making a false report
- Obstruction of justice
- Vandalism
- Theft
- Solicitation or prostitution
- Probation violations
- Felony offenses
- Welfare fraud crimes
- Federal crimes
- Resisting arrest charges
*this list is not exhaustive, our attorneys can help you no matter what misdemeanor or felony you or your loved one have been charged with.
Consequences of Criminal Charges
The consequences you will face if you are found guilty of a criminal offense could be devastating. There are multiple penalties that will vary widely depending on the type of crime you are charged with. Many misdemeanor convictions include fines and jail time according to The Laws of New York Consolidated Penal (PEN) Chapter 40, Part 2, Title E, Article 70 § 70.15
However, if you are convicted of a felony offense, your fines could dramatically increase and you could expect to spend time in a New York state prison facility. Furthermore, the court system can sentence you to probation, community service, and even court-ordered treatment programs. If you fail to fulfill these requirements, you may face additional criminal charges, including probation violations, according to The Laws of New York Consolidated Penal (PEN) Chapter 40, Part 2, Title E, Article 65§ 65.00.
Collateral Penalties
Collateral consequences describe the various ways your life will be affected after you have completed your sentence. For example, if you are found guilty of a sex crime, a collateral consequence could be the requirement that you register as a sex offender with the New York State Sex Offender Registry according to the New York Sex Offender Registration Act. You may also face housing restrictions, have trouble finding a job, or even have your professional license suspended or revoked.
These types of consequences will continue to follow you for years to come. This is, in part, because many of these crimes will remain on your record indefinitely. By working with a criminal defense attorney in Buffalo, you may qualify for record sealing under the Clean Slate Act.
How Criminal Lawyers Defend Against Different Charges
Crafting a compelling defense strategy is one of our top priorities. However, before bringing your case to trial, it is important to consider all potential opportunities to protect your freedom and future. While you may be ready to defend yourself before a judge and jury, if there are alternative options that could offer a more favorable outcome, it is important that we consider them accordingly.
Consider Plea Agreements
Entering a pretrial diversion program or securing a plea agreement may be your best option in certain circumstances. For example, if you are a first-time offender, have a limited criminal history, or the state’s case against you is much stronger than anticipated, working out a plea agreement may be better than risking your freedom.
There are various types of plea agreements that may be possible based on the specific circumstances of your case. For example, if you were charged with a DWI, you may be eligible for a DUI treatment program. Once you fulfill the terms of your plea agreement, the prosecutor reduces the charges against you to a lesser offense or dismisses them altogether. However, you should also be aware that failure to fulfill the terms of your plea agreement could be devastating for your case. Depending on your situation, you could face additional criminal charges and be tried for the original crime you were charged with.
Common Defenses at Trial
In some cases, you may not be eligible for a plea agreement or the state may be unwilling to work with you. However, if this is the case, do not lose hope or feel discouraged. With our highly experienced criminal defense team on your side, we will work tirelessly to build the strongest defense possible based on the circumstances of your case. Some of the most common types of defenses our clients have used include:
- Unlawful search and seizure
- Lack of probable cause
- Constitutional rights violations
- Prosecutorial misconduct
- Self-defense
- Lab mistakes
- Procedural errors
- Law enforcement misconduct
- Actual versus constructive possession
- Entrapment
- Affirmative defenses
- Mistake of fact
- Having an alibi
How the Criminal Defense Process Works in Buffalo
Being arrested and charged with a crime can be an overwhelming and terrifying experience. Even if you have been arrested and convicted of a criminal offense in the past, you may be apprehensive knowing what life is like behind bars. Understanding how the process works may help ease some of your concerns. While the risk of incarceration is still there, when you have an in-depth understanding of what to expect next, you do not need to feel as intimidated. Here is a general idea of how the criminal defense process works in Buffalo:
- Law enforcement officials take you into custody when they suspect you have committed a crime and arrest you
- You are booked at the appropriate police department where police record your personal information, take your photo and fingerprints, and complete a background check
- You have your initial appearance in court where you are informed of your rights, what charges have been filed against you, and are given the opportunity to secure a criminal defense lawyer
- Next, we go through pre-trial proceedings where we file motions, conduct investigations, gather evidence, and negotiate with prosecutors to avoid trial by obtaining a plea agreement
- When plea agreements are not possible, your case goes to trial, where both your criminal defense lawyer and the prosecution will present their findings before a judge and a jury
- The jury will retire to deliberate and determine the verdict
- If you are found guilty, you will then be sentenced based on the New York sentencing guidelines under the NYS Penal Law
Average Attorney Costs and Fees in Buffalo
There is no average cost or fee associated with hiring a Buffalo criminal defense attorney. Every law firm has the discretion to set their own fees. Some law firms require their clients to put down a retainer or pay an hourly rate. Every case is different. Misdemeanor cases, for example, may require investigations that are not as intense as, say, a homicide case. Your criminal history, the type of crime you have been accused of committing, and a variety of other factors will all determine how much you could expect to pay for an attorney.
You may have the option of working with a public defender as well, according to New York State Law Article 18-B. However, doing so could prove catastrophic for your case. Many public defenders in New York State are overworked, according to the New York Times. Without the time, resources, and energy needed to handle your case effectively, your freedom could be on the line if you trust your defense to a public defender. Instead, it may be in your best interests, and well worth the investment, to hire a private criminal defense lawyer who can afford to devote their time and resources to your case.
Buffalo Criminal Defense FAQ
How long does the state of New York have to press charges?
According to the official New York State Unified Court System, the statute of limitations for criminal charges varies depending on the crime. For example, petty offenses generally have a one-year statute of limitations. Misdemeanor crimes usually carry a two-year statute of limitations deadline. Once the statute of limitations has passed, the prosecutor can no longer move forward with the criminal charges in question.
Can I get my record expunged in NY?
New York State does not expunge any type of criminal record. This is because expungement means to erase records permanently. However, the state does allow for criminal records to be sealed once specific requirements have been met.
As long as you have not been arrested for or convicted of a crime within 8 years of your conviction or completion of your felony sentence or 3 years after a misdemeanor sentence, you may be eligible unless you were convicted of a crime that disqualifies you from record sealing under the Clean Slate Act or have more than two convictions on your record. Some crimes that are ineligible for record sealing include serious felonies, violent felonies, and sex crimes.
What should I do after getting arrested?
After being arrested, you should exercise your right to remain silent under the Fifth Amendment. You may believe trying to resolve the situation with law enforcement officers could help you avoid booking, but you might say something self-incriminating that the investigators could use against you at trial. For this reason, you should say nothing other than the fact that you are asserting your right to remain silent.
After you have been through the booking process, call a criminal defense lawyer in Buffalo for help. We may be able to help you arrange bail and begin working on your defense strategy so you can put this experience behind you.
Meet With Buffalo’s Trial-Proven Criminal Defense Law Firm Today
After being charged with a criminal offense, you may be terrified at what the future might bring.
Depending upon the charges you face, your family life, livelihood and personal liberty may be at stake. Before you plead guilty or try to handle it yourself, contact the Criminal Defense attorneys of Towey Law PLLC to assist you by calling (716) 300-8232 for a FREE consultation today.